Bush v. Union Pacific Railroad
Supreme Court of Kansas
Error from Shawnee-district court; Z. T. TIazen, judge. In banc. .STATEMENT. This action was brought by the plaintiff in error to recover damages for injuries which she claims she sustained at a railroad-crossing by reason of the negligence of the defendant in error.
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Error from Shawnee-district court; Z. T. TIazen, judge. In banc. .STATEMENT. This action was brought by the plaintiff in error to recover damages for injuries which she claims she sustained at a railroad-crossing by reason of the negligence of the defendant in error. The facts are substantially as follows : The plaintiff, a young lady, was invited by W. A. C. Bowhay to ride with him on the evening of August 16, 1899. They drove east on what is called the Grantville road to Calhoun bluffs. This road runs east on the north side of the Santa Fe and Union Pacific tracks for about three-fourths of…
1Opinion of the Court
The opinion of the court was delivered by
Greene, J.:
It is not contended by counsel that plaintiff in error is entitled to recover in this action unless her conduct in going upon the railroad-crossing without looking for an approaching train can in some way be excused. They forcibly insist that she is excusable in that the railroad company, by its agents, negligently and wrongfully misled' and put her off her guard, and that, but for such negligence and wrongful acts, 'fehe would' not have gone upon the track. It is claimed that, being a young woman of only seventeen years, she should not be…
2Cases cited9 opinions
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. HowardIndiana Supreme Court · 1890
- Brickell v. N. Y. C. & H. R. R. R. Co.New York Court of Appeals · 1890
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
- Reading Township v. TelferSupreme Court of Kansas · 1897
- Donnelly v. . Brooklyn City R.R. Co.New York Court of Appeals · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Kendrick v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1958
- Bradley v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1923
- Flynn v. Chicago City Railway Co.Illinois Supreme Court · 1911
- Parmenter v. McDougallCalifornia Supreme Court · 1916
- Anthony v. KiefnerSupreme Court of Kansas · 1915
39 more not listed; retrieve them via the Exa API.